The Law Offices of Edward Misleh APC

Considering Divorce? Find out what to expect by visiting our website: https://www.attorney-sacramento.com/

Child Abandonment Child abandonment occurs when you desert your child without any regard for your child's health, safety or welfare. It must be determined that you intended to wholly abandoning the child. This can be proved by your failure to provide for the child’s necessities. Child abandonment is usually occurs when a parent or guardian leaves your child at a stranger's doorstep when no one is home. However, child abandonment can also be extreme emotional abandonment, ...Continue reading

Ex-Spouse’s Social Security Benefits Your ex-spouse’s social security benefits can be an important issue to consider in your divorce. It could be more advantageous for you to claim your ex-spouse’s social security benefits and delay making a claim for your benefits. There are several factors that can affect how much you receive in Social Security benefits. Eligibility You may not be eligible to receive your ex-spouse’s social security benefits....Continue reading

Adding Father to Birth Certificate Before a father is added to a birth certificate in California, paternity must be established, either voluntarily or involuntarily. Paternity can be established voluntarily by completion and submission of the Acknowledgment of Paternity form. Paternity can also be established for unwilling fathers by court order through the Superior Court of California. After a father is added, the original birth certificate is sealed and a new record is i...ssued. Voluntary Acknowledgement of Paternity You must complete the Acknowledgment of Paternity form VS22. You must provide information on the current birth certificate to complete this form. You must provide the father's full name, date of birth and state of birth. The form must be signed by both parents and indicate their relationship status: unmarried, married or domestic partners. If you are married, you must provide a photocopy of your marriage certificate. Individuals who are registered as domestic partners must attach their SRDP declaration. Unmarried parents need to provide the declaration of paternity form filed with the Department of Child Support Services. Completing Paperwork Your completed VS22 form along with a copy of the birth certificate, the notarized sworn statement, documentation of relationship status and the fee should be sent to: California Office of Vital Records M.S. 5103 P.O. Box 997410 Sacramento, CA 95899-7410. The California Department of Health will mail a postcard of acceptance when your application is received. Establishing Paternity by Court Order You will have to obtain a court order if the father will not voluntarily acknowledge paternity. You must receive a court order of adjudication through the Superior Court in order to add him to the child's birth certificate. Amending the Birth Certificate Complete the Application to Amend a Birth Record-Adjudication of Facts of Parentage form (VS21). You must provide information to locate the current record: name, date of birth, place of birth, city of birth and parental information for the child. The Vital Records office requests that a copy of the existing birth certificate be attached to your application to assist with locating the record. You must provide the new information regarding the father, including his full name, date of birth and state of birth. Submit the application, certified court order, a copy of existing birth record and the fee to: California Office of Vital Records M.S. 5103 P.O. Box 997410 Sacramento, CA 95899-7410. You will receive a postcard of acknowledgement in the mail. Rejected requests contain a letter advising of the reason for rejection and the methods you can use to resolve it. You will receive a certified copy of the amended birth certificate when your application is complete.

Thinking about adopting a child? You should first understand what is involved and then contact our office to discuss the adoption process. How do I adopt? How do I adopt a child in California? What is involved for an adoption? Adoption is a process whereby a person assumes the parenting of another. This "other" person is usually a child. The child is adopted from the biological or legal parent but can be an agency adoption. All rights and responsibilities for the adopt...ed child are permanently transferred from the biological parent to the adopting party. One of the most common types of adoption is formally known as an independent adoption which is a direct transfer from the birth parents to the prospective adoptive parents. The adoptive parents must receive an advisement of rights and responsibilities. They birth parents must sign an Independent Adoption Placement Agreement which, unless revoked, in 30 days automatically becomes an irrevocable consent to adoption. The second type is an agency adoption. This involves the use of a licensed public or private agency. The agency can be the California Department of Social Services. When this is done, the birth parent’s parental rights are terminated either by a court order or by filing a Relinquishment. The agency studies and approves the adoptive applicants and then places the child in the adoptive parents’ home. The agency then supervises placement for a period of six or more months before court approval. See more

https://www.attorney-sacramento.com/divorce/

https://www.attorney-sacramento.com/

Do you live with someone and have concerns about property you may have acquired together? If so, call our office today to make an appointment for a free consultation. ________________________________________ What rights do I have if I was not married? You can file for your interest in any property that you and your partner acquired during cohabitation. Partners prove that they have an interest in property by an oral or written agreement. Talk to Sacramento attorney Edward Mis...leh about your interest in an investment made by you ad your partner. ________________________________________ What is a California "Marvin Action?" A Marvin Action" is a claim for spousal support that you make against your partner following a breakup. Another name for these payments is "palimony." The California Supreme began allowing "palimony actions" in 1976 when they addressed cohabitation claims. Your request for palimony is not a family law matter but rather, a civil action. Sacramento Attorney Edward Misleh can help you to receive support from a former partner. For more information about partner's rights, click on the following link: Family Law - Sacramento Attorney - Free Lawyer Consultation See more

Ed helped me through my divorce with amazing support. I had an ex-wife who wanted to keep taking me back to court. He is smart, sensitive to your situation and well known by many judges. This makes a huge difference. I am free and clear of my ex now thanks to Ed!!!

An A-B trust gets its name from the fact that it splits into two upon the death of one spouse. Trust A is the survivor's trust and trust B or the decedent's trust.An A-B trust is a joint trust that you and your spouse create to minimize estate taxes. It is formed when you place assets in the trust and name, as the final beneficiary, anyone except your spouse. An A-B trust divides into two upon the death of either you or your spouse. AB Trust & Bypass Trust. When the first...Continue reading

Child Custody Modification I want to modify child custody. How do I file a request for child custody modification? I want sole custody. How do I modify child custody? I want 50/50 custody. Can I change my child custody orders? I want joint custody. Can I see my children more often? A request for child custody modification can be made if there is a change in circumstances that affects your children. The court may find a child custody modification is necessary or pro...per if it’s in the child’s best interest. To request a child custody modification order, you will need to show the court that there is a significant change of circumstances to your request.Some examples of a change in circumstances for a child custody modification include: failure to protect a child; the child being exposed to domestic violence; or, father failed to help mother seek medical attention for a children You Believe Your Child is in Danger. One of the main reasons why a court will consider a child custody modification if the child is in immediate danger in the current household. In assessing the danger to the child, a court will consider the following factors: (1) Any domestic violence; (2) Any immediate danger to the child; and, (3) If the child has expressed an unwillingness to remain in the home of the parent, where danger may be present. Relocation of One Parent. You may be able to obtain a child custody modification order if either you or the other parent wants to relocate. Prior to ordering a child custody modification, the court will consider the following: The motivation of the parent who is relocating; What effects the move has on the visitation schedule; If the parents have communicated a way to rework the visitation schedule; and, the effects on the child's life (after-school or sporting activities, friendships, religious upbringing) Violation of the Agreed-Upon Visitation Schedule. If one of the parents is not cooperating with the current visitation schedule, a court may consider a change to the child custody arrangement. A court will consider the following factors before ordering a child custody modification:Whether or not a parent is not cooperating with the visitation schedule; Any agreement reached by the parents; and, Reasons why the current visitation schedule has not been followed. The Death of a Parent. If a custodial parent dies, a child custody modification is necessary as the court will need to determine if the non-custodial parent will assume full responsibility of the child. Alternately, a court may consider if a third-party will assume custody of a child. Generally, a court would prefer for the child to remain with the non-custodial parent, as it will cause less strain on a child's life. However, a court will consider alternative arrangements, if the child cannot remain with the non-custodial parent. See more

I want to change my name. I want my former name restored. How do I get my named changed in California? How can I get my former name restored in California? The process for a California name change can be complicated, and it is somewhat different depending whether the name change is for an adult or a minor child. If you are getting divorced in California and the divorce is not final yet, you can ask the court to restore your name to your former name. Your request for a nam...e change will be included in the judgment package for divorce. If you want to change your name to some other name, other than your maiden name or a prior married name, you must file a Petition for Change of Name. If your divorce was finalized in California, you can have your maiden name restored by filing an Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order. If you want to change your name, you can ask the Court for an order changing your legal name. You can then use the court order to change your birth certificate, passport, social security card, driver's license, and other documents. You must reside in the county where you are seeking the name change.After you file your petition to change your name, you will get a court hearing. Most often, you will not have to appear in court. Before your hearing, you will have to put a notice in a Court-approved newspaper for four weeks in a row, one day per week, about your request for a name change. See more

Claiming a Child Who gets to claiming a Child when you get separated or divorced? When you’re separated or divorced, it’s not always clear or automatic to determine who gets to claim a child as a dependent. Claiming a child as a dependent can be advantageous to the claiming parent. As of January, 1, 2019, the personal exemption for claiming a child has been eliminated in favor of a higher standard deduction. So claiming a child as a dependent will no longer give you an exem...ption to reduce your taxable income. Still, claiming a child can provide or increase other tax breaks, including child or dependent tax credits, the Earned Income Credit, and a more favorable filing status. The Custodial Parent versus the Noncustodial Parent It’s common for the custodial parent the parent who has the child more than half the year with to claim the child as a dependent. But the noncustodial parent may claim the child as a dependent if he or she provided more than half of the child’s support in a given year. If there’s any doubt about who will claim the child, it’s best to communicate with the other parent before you both file your tax forms. When both parents claim the child, only the first filed return will be accepted. Agreement be the Custodial and Noncustodial Parent The noncustodial parent may also claim the dependent if the parents have agreed to in their divorce papers, a separation agreement, or a written declaration which states that the custodial noncustodial parent can claim the child. No Agreement for Claiming a Child If no divorce or separation decree states that the noncustodial parent may claim the dependent or there is no written declaration from the custodial parent, tiebreaker rules are in effect. The parent who the child spends the most time with may claim the dependent. If the child spends equal time between both parents, then the parent with the highest adjusted gross income may claim the dependent. If only one of the taxpayers is the child’s parent, that parent may claim the dependent. Releasing and Revoking Claims for a Dependent If you have no divorce or separation decree, the custodial parent the parent who has the child more nights out of the year can sign IRS tax form 8332 or a written declaration to release their dependency claim. Either document may be only for one year or for several years. The custodial parent has the right to revoke IRS tax form 8332 or their written declaration at any time and reclaim the child as a dependent. In short, add IRS tax form 8332 to your return when you’re claiming a child that the other parent has released, or to revoke your prior release of the child as a dependent. See more